Divorce Lawyers

There are three parts to the divorce process:

• the divorce itself (being the formal termination of the marriage);
• the resolution of property matters; and
• the resolution of children’s matters.

Divorce – Formal termination of marriage

To apply for a divorce in Australia you make an application to the Federal Circuit Family Court Of Australia, (Family Court), or Registrar to terminate the Marriage. Some people refer to a divorce as the entire process of separating and dividing assets, however, a divorce itself is quite separate to the division of property and children’s matters.

You must have been separated for 12 months and, if you have children, proper arrangements have been made for the welfare of those, before a family court will grant a divorce. Quite often we will help you prepare and apply for the divorce as a part of property settlement and any matters involving the children.

Property Matters (financial settlement)

Divorce does not take into account the financial or property settlement so this must be dealt with separately.

To be able to move on and make financial decisions for your future many people want their property settlement with their assets and debts divided to be sorted quickly.

It can be a difficult time when parties cannot agree or really understand what and how the pool of assets should be divided and what the court sees as reasonable or not. Things like initial contributions to a marriage erode over time and become less relevant the longer you are married.

Financial Settlement involves you both entering into a binding financial agreement or consent orders. If the matter cannot be resolved in this way, one party will commence legal proceedings and the matter will go to court.

Our lawyers can assist in providing you concise advice about what your entitlements may be in help you understand what a just and equitable outcome would look like for your circumstances. We can also assist with matters relating to any spousal maintenance that must be paid.

Read more on our property settlement page.

Children’s Matters

If you have children, the law will help you resolve:

• Who the children live with most of the time
• What time a child will spend with the other parent
• How financial support will be provided
• How education and health needs are be being met

To formalise the care of children and financial arrangements you can enter into a Parenting Plan. This is an informal process yet not enforceable in court. You may have already tried this process and it has not been adhered to. We can assist with drafting a Parenting Plan if you would like to try this process.

The better way generally is to enter into Consent Orders. This is when the parties can agree on the time that each child will spend with each parent but, is enforceable in a court. This requires some negotiation between lawyers to get this right. Consent require both parents to comply with the orders, subject to any subsequent agreed departure from the orders. The good part about these orders is that they allow the parents to jointly (by agreement) make arrangements outside the orders but, you then have the orders to fall back on in the absence of an agreement. It is the option we typically recommend.

If you can’t agree on the time that each parent will spend with the children, following mediation we are very experienced in contested children matters. Many court matters still resolve quickly by agreement or mediation. We work hard to get the matter resolved as quickly as possible for you. If the matter does not resolve it will go to a final hearing.

If you need help sorting through your care arrangements and custody for your children you can speak to a family lawyer about your parenting matter. Contact us today or if you want more information please go to our children page here.

This is a question that many clients would like to know the answer to and have sorted as quickly as possible. The division of assets is either by agreement or through mediation and the Family Court – FCFCOA.  

If you are trying to reach an agreement, our family lawyers can assist. We have extensive experience and knowledge of the family law court system and how the court’s look at dividing assets between separating couples. Through this experience we can help you make the most informed decision when making your property and financial decisions during divorce. Read more on property settlement here.

At  PCL Lawyers , we understand that getting a divorce can be a stressful time. Our divorce lawyers are experienced in the multiple aspects that family law entails. We handle every case with sensitivity and empathy. We make sure that proper care and consideration is taken at every step of the divorce proceedings and other aspects of your family law matter.  We can meet you in our Melbourne CBD office or one our suburban offices, if more convenient to you. 

 The family law firm division of our firm is also commercially minded and can provide extensive advice (including creating an action plan) in relation to financial family law matters with family businesses or complex asset pools. 

If you’re looking for experienced and savvy Melbourne-based divorce lawyers, you are in the right place. Our family lawyers have extensive legal knowledge and will handle your matter with sensitivity, respect and care. We understand that divorce cases are sensitive by nature and that every case has its own unique circumstances. We’ll work closely with you to understand your needs and strive to achieve the best outcome for you and your family during your divorce proceedings.

To talk to one of  divorce lawyers, contact us today on 1300 907 335 or get in touch using our online contact form on the right.